1. Field of the Invention
The present invention generally relates to a land use decision system, process or method. More particularly, the present invention relates to a geographic information/data management/data analysis system, encompassing physical, geographical criteria, including edaphic and floral data pertinent to land use decisions (hereinafter “land use constraints”), for the purpose of: (a) thoroughly mapping a particular land area; (b) identifying and quantifying the fractions of the land area that exhibit land use constraints; c) identifying and quantifying those fractions of the land area that are actually free of land use constraints, and (d) establishing the optimum use thereof in conformance to local, federal and state land use regulations and non-governmental land use policies; all before significant cost and expense is incurred and a land use decision is actually made.
2. Description of the Prior Art
There are instances when it becomes necessary to determine fractions of a particular parcel or area of land that exhibit certain land use constraints, the fractions of the parcel or area of land area that may actually be developable, and establishing the optimum use thereof in accordance with local, federal and state land use policies and land regulations. Such instances usually occur during the normal course of business of builders, land developers, financing entities, local state and federal government environmental agencies, local planning/zoning agencies, non-government environmental and sustainable growth agencies, land use professionals and others (hereinafter collectively “land use professionals”), who are regularly engaged in due diligence or evaluation of undeveloped parcels of land (hereinafter “the evaluation process”).
Specifically, the evaluation process is performed to determine (I) whether the land use constraints in a particular parcel or area of land render that particular parcel or area of land acceptable or unacceptable for certain uses; (ii) whether the parcel or area of land is suitable for acquisition and development/preservation purposes; and (iii) how much of the parcel or area of land can actually be developed/preserved and whether it makes environmental or economic sense to do so.
The evaluation process has become necessary, due to the combination of public reaction to suburbanization and the increased social and scientific understanding of the impact of development on the environment. As government regulations, environmental and population pressures increase, the land use constraints considered in connection with specific land uses have and continue to undergo significantly increased scrutiny by an ever expanding array of public, private and activist agencies. Such considerations require the LUP to gather and analyze large amounts of information and data from a host of disparate sources. The data generally includes geographic location of the land, climate data, and detailed physical characteristics and land use constraints. It commonly includes but is not necessarily limited to topography, location of known riparian areas, location of suspected riparian areas, water bodies, buffer zones, soil classifications, vegetation types and cover, utilities, flood zones, groundwater aquifers, and slope of the land. The quantity and size of these land use constraints can and usually do result in significant land use decisions regarding a wide variety of potential uses for any given area of land.
Prior to the advent of computers, the LUP's collection of the data necessary for the evaluation process of any given parcel or area of land was extremely time consuming, expensive, and subjective. The majority of the data had to be collected manually and could not be efficiently combined into a single presentation for timely analysis, accurate evaluation and correct decision making. Certainly, the data could not be efficiently combined into a single presentation for timely analysis, accurate evaluation and correct decision making, even before the LUP had made the initial investment in the given parcel or area of land. Consequently, the extent of sub areas of land sensitive to land use constraints was essentially an educated guess that rarely provided the requisite level of accuracy, commensurate with the economic and environmental risk involved.
The evaluation process would begin with LUP's initial identification of the area of land or parcel to be analyzed. This was generally done by tax map identification, if available. A boundary survey prepared by a licensed surveyor could also have been used, but this was and still is, uncommon at this stage in the process. A visual survey of the area of land or parcel being scrutinized would then be conducted by the LUP physically walking the parcel or area of land around and within its perimeter. This walk would allow the LUP to develop some subjective understanding of the physical characteristics of the parcel or area of land. If available, a United States Geographic Survey (hereinafter “USGS”) topographic map could be used to assist the LUP in understanding the characteristics of the land during this activity.
Based on the LUP's experience, physical condition, memory, note taking capability, cartographic sketching skills, orienteering/land navigation skills, range estimation skills and other similar variables, upon completion of such the walk, the LUP would then make an estimate of how much of the land was actually subject to land use constraints. It would be this walk-through estimate that the LUP would then use to make a decision as to potential use/preservation of, and/or acquisition of the parcel or area of land.
Such decision was made at a great risk and burden to the LUP because the LUP's decision depended on the subjective opinion of the individual performing the walk through. If the individual conducting the walk-through was wrong in his or her opinion of how much land was subject to land use constraints, the LUP could potentially incur significant liability, along with time and economic loss.
Once the LUP made the decision, on the basis of the information gleaned during the walk through of the land parcel, to go forward with a specific decision regarding potential use/preservation of, and/or acquisition of the land, the LUP had, and still has, to formally submit detailed land use plans for approval by any oversight agency. These plans typically present the parcel or area of land at a uniform scale and depict the parcel or area of land characteristics. Additionally, in order to meet local, regional, state and federal environmental regulations, they include a detailed depiction of all land use constraints.
In order to formally submit detailed land use plans for approval by any oversight agency at the scale and contour interval required, generally the LUP had the land area or parcel mapped by either a licensed surveyor or an aerial mapping company. The surveyor surveyed the land area or parcel, or the aerial photographer flew over the parcel or area of land of interest (hereinafter “the area”) and took as many detailed aerial photographs of the area, as required, to create the map required. Both of these processes were and still are expensive and time consuming, particularly if they involved large tracts of land. The surveyor or the aerial mapping company then created the topographic map at the scale and contour interval required.
The completed area maps were then returned back over to the LUP for further analysis and identification of the area's land use constraints. The LUP, in turn, referred the completed area map to as many specialists as necessary, for the purpose of exhausting the potential sensitive receptors and constraints. Once all were identified and depicted on the area map, an accurate understanding of the potential uses of the parcel or area of land in question, was now possible.
Inevitably, a comparison of the walk-through results and report, to the specialized area plan prepared by the cartographer or map maker augmented by the various specialists, would clearly show that the specialized, focused area plan was more accurate, in that it better depicted the actual conditions prevailing on the parcel or area of land, and the areas that allowed for informed decisions regarding certain uses or protections. It was not uncommon for the more accurate specialized area plan to indicate that the actual constraints on the parcel or area of land, differed substantially from the constraints identified during the walk through. Accordingly, it was also inevitable to conclude that the decisions made on the basis of the initial walk-through were flawed, if not invalid and clearly erroneous.
Further, the comparison would result in a change of the developable and the necessarily preservable areas of the land area or parcel in question. Such change affected the environmental and economic viability of the parcel or area of land and frequently resulted in a loss of either significant areas of land worthy of certain protections, or in the significant loss of financial assets and time to the LUP. Clearly, the significant loss of financial assets and time to the LUP could have been avoided if a detailed compilation and accurate evaluation process of the land area or parcel in question had been available, prior to the decision to either protect or use a specific land area or parcel.
With the advent of personal computers and the world wide web, the LUP's collection of the data necessary for the evaluation process of any given land area or parcel should not be as time consuming, expensive, and subjective. For example, the LUP should be able use a Geographic Information System (hereinafter “GIS”) to get preliminary aerial photos and feature characteristics map right at the very beginning, even before conducting a walk-through and making a decision as to potential use/preservation of, and/or acquisition of the land. However, this is not the case.
A GIS is used to assemble, store, manipulate and display geographically referenced information, such as data identified according to location, i.e., an object located at 36 degrees longitude, 122 degrees latitude. GIS technology may be used for a variety of purposes including scientific investigations, resource management, and development planning. A GIS may be used to model emergency response times or develop plans for wetland protection.
A GIS stores data as layers of information so as to make complex analysis of data possible. GIS systems work by associating the source data with location variables. The location may be specified as x, y, and z coordinates of longitude, latitude and elevation, or by systems such as zip codes, or highway mile designations.
Public and private data bases exist which may be entered directly into a GIS. Public data bases are often produced by Federal and/or State agencies, while private data bases are compiled and maintained by various private companies.
Methods or processes using a GIS to generate land data abound. One example is U.S. Pat. Nos. 6,708,117 B2 and 6,704,654 B2 directed to a method for making geospatial imagery data available to the public over a wide ranging communications network such as the internet. Geospatial images are acquired such as by aerial photography, and are digitized. Plural images are captured, each image covering a portion of th earth surface area of interest. Each image captures at least one characteristic of the portion of the area, such as by taking images in different frequency bands. Data from all images thus obtained is loaded in a common database, loaded into a computer, and integrated to create a single, resultant, collectively created, geospatial image stored in the computer. The integration process is performed so that a nearly seamless mosaiced image covering the entire area of interest is generated. The mosaiced image is stored in mosaic sector form.
Another example is United States Patent Application Publication No. 2004/0015434 A1 directed to a method for providing a structured framework to assist land use professionals and others in evaluating information about real estate disclosed. A geographic information system (GIS) with access to private and public data bases of real estate information is combined with software, to provide structure to real estate decision making processes. Additionally, access is provided to individuals which are experienced in the particular type of analysis being performed. The experienced individuals are able to assist throughout the evaluation process, if desired by the user. After a user chooses parameters for a request, the software interacts with the geographic information system (GIS) to retrieve the appropriate data. The software also provides access to additional relevant information if so desired by the user. By automating the framework around the GIS, the land use professional or other individuals requesting real estate information have a greater likelihood of considering all the relevant information available for the particular decision making process being executed.
Yet another example is United States Patent Application Publication No. US 2003/0217063 A1 directed to a database design modeling system for managing data facets for design scenarios as a collection of hierarchical unitized data alternatives. The database design's model allows for easy access to data while providing a single persistent location for any one specific data record, thereby reducing any problems associated with conventional data duplication. Further, all data stored within the database is unitized thus eliminating the need for the user to do the unit mapping. According to one aspect of the invention, a Relational Database Management System modeling system can be constructed that allows for exercising multiple “What if?” scenarios with minimal user intervention and errors by 1) storing data using a normalized hierarchical storage structure, 2) providing data address indirection means to access data available from a multitude of data sources, 3) providing an object model to leverage programmable support to eh orthogonal data views, and 4) providing a GIS client user interface allowing the user to construct a scenario and to view scenario results.
Still another example is United States Patent Application Publication No. 2003/0158668 directed to a geographical information system (GIS) and a method for geospatially mapping at least one parcel polygon within a geographical region and for displaying at least one specific attribute of each parcel polygon, i.e., a topological area within the given geographical region, as an attached attribute of latitude and longitude coordinates. The centroid or center point of each of the parcel polygons is determined and stored into conventional computer storage means. The latitude and longitude point feature at the centroid of each parcel polygon is established and similarly stored. A unique tax identification number, e.g. the Assessor Parcel Number or parcel identifier number is assigned to each of the point features. A correlation is then made between the unique tax identification number of the point feature to a text list of at least one attribute, e.g. the physical address of the parcel polygon, of each of the point features. This attribute becomes attached to each point feature. The resulting parcel polygon map and point features with one or more of the attached attributes can then be displayed within a GIS or CAD system to provide the user, for example, accurate locations of street addresses for use in environments that require pinpoint accuracy, such as emergency response
Another example is U.S. Pat. No. 6,574,561 B2 directed to a system for automating the gathering of field information that describes the condition of specific geographical locations at specific times via a field information recording device having a GPS receiver for the recording and assignment of the space-time coordinates as information is gathered. The information and space-time coordinates are transmitted to a management center for processing over a communication network. Upon receipt, the field information is integrated into a geographic database such that the information generates a template showing the current state or condition of the identified geographical location on an automated basis. The template and the associated geographical portion of the geographical database are distributed to users via the Internet, intranet or other communication means.
Still another example is United States Patent Application Publication No. 2003/0088362 A1 directed to a system and method for generating custom geospatial information maps and precision corrected images, and allowing realtime interactive production of a desired output image by incorporating user selectable parameters that define various image synthesizing operations. A graphical user interface allows a user to specify parameters that define the desired output image via a remote computing device over a public access network such as the Internet. The parameters define image synthesizing operations such as area, projection, datum, fusion, masking, blending, mosaiking, resembling, and others. The desired output image is processed by an image assembly server according to the parameters and a variety of geospatial image data sources, and electronically delivered to a user via a public access network. The geospatial information may as be correlated with non-georeferenced data such that relevant associations between non-georeferenced data and the geospatial data are integrated in the output information product. A user may therefore receive a desired output image that conforms to a variety of user specified parameters interactively via an image assembly server and interactively update and refine the desired output image via the graphical user interface, thereby providing an active archive of a set of images that can be revised dynamically.
Another example is United States Patent Application Publication No. 2002/0145620 A1 directed to a method and apparatus for managing drawings, documents, and data associated with the management of property and subunits within a property using a graphical user interface (GUI) and a geographic information system (GIS). The user inputs the property address and selected property and subunit management data into a relational computer database. This information is geocoded onto a map in order to locate the property and subunits on the map in relation to nearby geographic features. The geocoded map is then linked with the relational database so that a depiction of the geographic location of the property and associated information concerning that property can be displayed. The user may query the database to retrieve desired inputted property and subunit management data and view the results of that query on said map or in a table. The use of GIS to manage drawings, documents, and data in this fashion facilitates the ability to efficiently query and track this information spatially across subject properties, and subunits within those properties, within a region, state, country, or globally.
Yet another example is U.S. Patent Application Publication No. 2001/0014185 A1 directed to a system that applies the latest technology related to compression, rendering, and geographical data processing to present an interactive interface to users, which enables them to efficiently manipulate maps and queries for information over the World Wide Web. The method includes a World Wide Web application to display GIS information and obtains user input, and a server application to process user input and to communicate with the database to retrieve or store data.
Still another example is U.S. Pat. No. 6,247,019 B1 directed to a GIS system in which topological information is classified as geometrical objects and uses a region identifier and a geometry attribute to reconstruct each topological feature. The invention starts from the geometrical objects representing topological features. Each geometrical object has an entry including a region identifier attribute and a geometry attribute defining the geometry of a complete representation of the feature. These geometrical objects are complete in that an entry of the object attribute includes a record for a geometry attribute defining the complete geometry of a complete representation of a topological feature. These complete geometrical objects need not inherit attributes from other objects. The objects are classified as either a polygon object, polyline object, point object or raster object and stored in a respective object-based database. Using this data structure, a topological region can be displayed in real time by accessing this object-based data structure and loading the data structure associated with the topological region into a buffer. The geometrical objects associated with the topological region are then fetched from the buffer and loaded into a virtual blackboard. The fetched geometrical objects are then drawn on a display in real time.
Another example is U.S. Pat. No. 5,652,717 directed to a system and method whereby geographically related information is received from a plurality of sources, such as orbiting satellites, reconnaissance aircraft, photographs, maps, remote computer terminals, and the like, and is processed and integrated into a generic GIS to provide expanded information due to the vast amount of data relating to geographic locations to increase the amount of information available and derivable. The processed data may be stored for later use, or it may be presented visually on a computer screen or printed to provide a hard copy. Interactive terminals may be used to provide data as desired in a real time setting. These data are manipulated to, (A) provide information of current value and utility to the user, and (B) to perform simulation of local/regional future scenarios to assess the sustainability of particular courses of action. The latter requires the merger of remote sensed, radar, or lidar imagery with change models, proposed development, video imagery and basic GIS mapping/attribute files manipulated with digital and image simulation software.
Another example is U.S. Pat. No. 5,528,518 directed to a portable data acquisition device, including a position-determining device and data collector, which determines and stores positional data associated with objects positioned in a geographical area within sight of the device. Data representative of attributes associated with the objects are also stored in the device. The data stored in the device can be transferred to processing circuitry of a computer and absolute positional coordinates of the objects are determined. The absolute positional coordinates and the data representative of the attributes associated with the objects are placed in files accessible by geographic information system (GIS) software which utilizes the data to form a geographic information system (GIS) database from which GIS maps may be formed.
Yet another example U.S. Pat. No. 5,418,906 is directed to a method which allows the user to convert several data layers from one GIS into another. The user creates a template map of the area of interest. The template is an “all points” map which, when graphed, would appear as a black polygon identical in shape to the area of interest. Using the first GIS, the template is converted to a file in bit-mapped format. All zero bits in this file are identified and their position in the file noted. This information is referred to as the transform function. For each data layer to be converted, the first GIS is used to display a map of the proper extent. This display is converted to a file in bit-mapped format and the transform function used to delete non-data bits which correspond to the zero bits identified in the template file. The resulting, modified, bit-map is imported into the second GIS.
Still another example is U.S. Pat. No. 5,414,462 directed to a method and apparatus for generating a comprehensive land survey map, in which an image base map of a geographical survey region and a legal description map for each land parcel or lot within the geographical survey region are stored in a geographic information system (GIS). A remote sensing device is utilized to collect precise position data at survey points located on, near or adjacent the parcel of interest. The precise position data generated by the remote device is supplied to the GIS, which uses the data to correlate and align the legal description map for the parcel of interest with a portion of the image base map to create a comprehensive survey map for the parcel.
A final example is U.S. Pat. No. 5,214,757 directed to an automated, fully transportable mapping system, which utilizes position information gathered from a Global Positioning Satellite (GPS) capture program to create new maps or annotate existing maps contained in a Geographic Information System (GIS) database, in real time. In addition, the invention displays position information captured by GPS in real-time, enabling users to track the path on which they are travelling. Attributes related to the position information may also be entered in real time, and are stored in a file for subsequent inclusion in a GIS database.
Even if in the initial stages an LUP could use a Geographic Information System (hereinafter “GIS”) to get some of the information made available as a result of the innovations and improvements in the prior art set forth herein above, the LUP will still have to conduct a walk-through and make a decision on the basis of the walk-through as to potential use/preservation of, and/or acquisition of the land for the following reasons: (a) not all of the information relating to land use and preservation, i.e., geographic location of the land, climate data, and detailed physical characteristics and land use constraints such as topography, location of known riparian areas, location of suspected riparian areas, water bodies, buffer zones, soil classifications, vegetation types and cover, utilities, flood zones, groundwater aquifers, and slope of the land, is available on data bases accessible via the internet, or otherwise; (b) the information changes from locality to locality, county to county, state to state; and even if the information did not change and was in fact all available, c) the tools and procedures for accurately, precisely, and repeatedly synthesizing such information to generate meaningful and useful results, do not exist.
Consequently, the entire evaluation process is still burdensome, time consuming, expensive (albeit a bit less so), subjective, imprecise and dependent on the knowledge and the experience of the individuals, defined herein as land use professionals (hereinafter “LUPs”) studying the land area or parcel. Furthermore, the process is still very difficult to standardize and reproduce so that the process can be validated and consistently repeated time and time again for precise, accurate and speedy results.
Accordingly, there is clearly a need for a method and apparatus that will provide the LUP a timely, reproducible, precise, accurate and inexpensive evaluation process before the LUP makes any substantial investment. Without such timely and accurate information the LUP will continue to make land use decisions that will result in adverse environmental and economic consequences. Further, there is clearly a need for a method and apparatus that will provide the LUP with the ability to develop an understanding of the scope of land use constraints early in the evaluation process, thereby providing the LUP with a unique decision making advantage.